Our goods are intended to be sold only within the United States of America. You may not purchase any of our goods from this website if you are under 18 years old and/ or you are accessing this website from outside the US.
Information on any guarantees, warranties or after-sales services that we provide for the goods you buy is available at our Chocolati Guarantee in the Customer Services Section.
1. General information about us
Chocolati Handmade Chocolates
Our geographic address:
7708 Aurora Avenue North
Seattle, Washington 98103
Our contact details:
Telephone: (206) 784-5212
Fax: (206) 525-4574
[Give details of any applicable trade organisations, professional bodies, supervisory authorities or codes of conduct]
2. How to conclude a contract with us using this website
These are the steps you need to take to conclude a contract with us:
(1) Make sure you have read and understand our terms
(2) Browse our information
This website contains information about our goods which you will need to know before you place your order including descriptions of our goods, current prices and delivery costs.
The information about the goods on our website constitutes an "invitation to treat" and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with goods on the basis of any incorrect information, even if that information is repeated in your order.
(3) Select the goods you wish to purchase
You can select any items you wish to purchase by clicking on the "add to basket" button. You will be taken to your shopping basket whenever you add a new item, but you can also view the contents of your shopping basket by clicking on the "shopping basket" button. The shopping basket screen lists your current selection of items with description, price and current subtotal. You can edit the contents of your basket and remove any input errors by removing items or changing quantities.
(3) Making a Purchase
To purchase the items in your basket and proceed with your order using our secure online purchasing facility, click on the "purchase online" button on the shopping basket screen. You will then be transferred to our secure server to complete your order.
If you would like to order goods from us but do not want to enter your credit/ debit card details on the web, you can pay for your order by cheque or over the phone. We can only accept cheques that are provided by FDIC insured finance institute. Cheques should be made payable to Chocolati Handmade Chocolates. Your order reference number should be marked clearly on the reverse side of the cheque. Paying by cheque or postal order will slow down the ordering process, as we can not process your order until your cheque/ postal order has been received and cleared.
You will be asked to provide certain information we need to enable us to process your order such as your preferred delivery address and payment details. It is your responsibility to provide us with sufficient information to process you order.
We may acknowledge receipt of your order on our website or by email. This is not our acceptance of your order, but confirmation that it has been received.
(4) Wait for acceptance of you order
You may not assume we have accepted your order until we send you an acceptance by email. Only if and when you receive our acceptance will we have a binding contract between us.
You may receive acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our acceptance of your order.
We will be entitled to refuse to accept your order if in our sole discretion we consider it necessary. In particular we must receive payment of the whole of the price for the goods that you order before your order can be accepted. If we refuse your order we will let you know as soon as we can. If we accept your order we will inform you without undue delay.
Once we have entered into a contract with you we shall supply you with the items specified in your order in accordance with the terms of the contract.
3. Other information about the Contract
We can only conclude the contract with you in English and not in any other language.
The prices payable for goods that you order and delivery charges are as set out in our website.
b. Your right to cancel your contract and our returns policy
If you are a consumer, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
To cancel your contract you must notify us in writing by hand delivered notice, post, fax or email.
If you have received the goods before you cancel your contract then you must return the goods in their original condition to us at the address above at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us in their original condition to the address above at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of cancellation provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
c. Our rights to cancel the contract
We may cancel the contract between us if:
- the goods you have ordered are unavailable for any reason;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
d. Delivery of goods to you
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. For the avoidance of doubt, time for delivery shall not be of the essence.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
4. Our liability to you
a. Your remedy for damaged goods
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you must notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question. Otherwise you will have no right to any of the remedies set out below.
If you notify a problem to us, we will, at our option:
- make good any shortage or non-delivery; or
- replace or repair, at our option, any goods that are damaged or defective; or
- refund to you the whole or part of the amount paid by you for the goods in question in whatever way we choose.
b. Limitations on our liability to you
You are responsible for observing and complying with all applicable regulations and legislation which affect your purchase and subsequent use of our goods. This includes obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you.
We make no representation and accept no liability in respect of the export or import of the goods you purchase.
To the extent that law permits us to do so, we exclude all our liability to you for any direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem relating to the goods you buy from us, other than the remedies listed in paragraph c above.
If a court does decide we are liable to pay you compensation, that compensation will be limited to the amount paid by you for the goods in question.
Please note that nothing in this section of these terms and conditions (or in any other section) is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence of for fraudulent misrepresentation.
5. Things you should know
a. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
d. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
e. Entire agreement